' ALL THE NEWB ] WHILE IT IS NEWS. \l OL. 9 Message of President to The Last Fifty Ninth Congress President* s Message Com municated to the Joint Session of Congress To day. Subject of Lynch ing Receives Attention. No Thought of Perman ent Occupation of Cuba. The Need of Efficien Navy Urged. Corpor ations Discussed. Washington, D. C.. December 4. President Roosevelt's message to Con cress occupied the attention of the Senate as soon as the opening prelimi naries were concluded. These included the receipt of mes sages from the House reciting the death of several of their members. The Russian Ambassador, accom panied by iwo members of his staff occupied the diplomatic gallery during the reading. Following the reading of the journal in the house a committee was appoint ed to loin a committee from the Sen ate to wait upon the President, These reported they performed that service and that he would communicate in writing to Congress. The House after waiting on the mo tion of Mr. Payne took a recess foi 15 minutes. Speaker Cannon announced the ap pointment of Cousins of Icwa, chair man of the House committee on for eign affairs. Representative Lowden, Illinois, was api ointed on the committe on foreign affairs to fill a vacancy. A committee appointed to notify the President that Congress was in ses sion made a report through Senator Hale. The reading of the message began at 12:11. Many Senators were in their seats. The message received care ful attention. The Message. To the Senate and House of Represen tatices: As a nation we still continue to en joy a literally unprecedented prosper ity; and it is probable that only reck less speculation and disregard of legitl-; mate business methods on the part of the business world can materially mar j this proseperity. Xo Congress in our time has done more good work of importance than the present Congress. There were sev eral matters left unfinished at your last session, however, which I most ear-l nestly hope you will complete before i your adjournment. Corporation Campaign Contributions. I again recommend a law prohibiting all corporations from contributing to the campaign expenses of any party, Such a bill has already past one House ot Congress. Let individuals contrib ute as they desire; but let us prohibit in effective fashion all corporations irom making contribution for any political purpose, directly or indi rectly. Government's Right of Appeal in Criminal Cases. Another bill which has Just past one House of the Congress and which it is urgently necessary should be enacted into law is that conferring upon the Government the right ot appea iin criminal cases on questions of law. This right exists in many of the States; it exists in the District of Columbia by act of the Congress. I; is of course not proposed that in tn y case a verdict for the defendant on the merits should be set aside. Recently in one district where the Government had indicted certain per sons for conspiracy in connection v; ith rebates, the court sustained the defendant's demurrer; while in an other jurisdiction an indictment for conspiracy to obtain rebates has been sustained by the court, convictions obtained under it, and two defend ants sentenced to imprisonment. The two cases referred to may not be in teal conflict with each other, but- it is unfortunate that there should even ] JG a n apparent conflict. At present •here is no way by which the Govern ment. can cause such a conflict, when > r occurs, to be solved by an appeal 10 a higher court; and the wheels of justice are blocked without any leal decision of the question. I can not. too strongly urge the passage ot the bill in question. A failure to pass k will result in seriously hampering the Government in its effect to obtain justice, especially against wealthy individuals or corporations who do wrong; and may also prevent the Government from obtaining justice lor wageworkers who are not them selves able effectively to contest a case where the judgment of an in foiior court has been against them. 1 nave specifically in view a recent de cision by a district judge leaving i ail way employees without remedy i'-'-r violation of a certain so-called labor statute. It seems an absurdity p ei 'mit a single district judge, against what may be the judgment of the immense majority of his col leagues on the bench, to declare a •aw solemuly enacted by the Con gress to be "unconstitutional," and '. ' n to deny to the Government the '-'gilt to have the Supreme Court de finitely decide the question, it is well to recollect that the real THE HICKORY DEMOCRAT efficiency of the law often depends pot upon the passage of acts as to which there is great public excite ment, but upon the passage of acts of tais nature as to which there is not much public excitement, beaause there is little public understanding of their importance, while the inter ested parties are keenly alive to the desirability of defeating them. Setting Aside of Judgments and Granting of New Trials. In connection with this matter, i wculd like to call attention to the very unsatisfactory state of our criminal law, resulting in large part fiom the habit of setting aside the judgments of inferior- courts on tech nicalities absolutely unconnected with, the merits of the case, and where there is no attempt to show that' there has been any failure of sub stantial justice, it would be well to enact a law to prohibit this. Injunctions. In my last message I suggested the enactment of a law in connection with the issuance of injunctions, at tention having been sharply drawn to the matter by the demand that the light of applying injunctions in la bor cases should wholly abolished. It is at least doubtful whether a law abolishing altogether the use of in junctions in such cases would stand ihe test of the courts; ia which case of course the legislation would be ineffective. Moreover, I believe it would be wrong altogether to pro hibit the use of injunctions. It is criminal to permit sympathy for criminals to weaken our hands in upholding the law; and if men seek I •.o destroy life or property by mobl violence there should be no impair ment of the power of the courts to aeal with them in the most summary (Continued on' Page Four.) JUDGMENT CONTINUED IN CASES. Judge Boyd Continued Judgment in Cases of Revenue Officer# and Dis tillers Convicted, Until Special Term in January. Gheensboro, N. C., Dec. 4. —In the Federal Court here this morning Judge Boyd ordered the trial for judgment of the revenue officers and distillers,form erly convicted, continued to await the trial of the other officers at the special term ot cottrTW begin here tire-see- ■ ond Monday.of January. Judge Boyd also set the trial of the bank case of Simmons, Kard & Company and other creditors ys. Harding & Davis for trial at the special January term. These defendants are among the revenue officers convicted and await ing sentence. , N. C. POSTMASTERS. List of Nominations Sent to the Sen ate for Postmasters. Washington, Dec. 4—The following nominations for postmasters were sent to the Senate: Florida—L. C. Lynch, Gainesville. Georgia—C. W. Parker, Elberton. North Carolina—V. J. McArthur, Clinton; M. L. Buchanan, Concord; W. C. Briggs, Raleigh; C. E. Orr, Bre vard; R. D. Douglas, Greensboro. South Carolina —R. Cochran, Jr., Anderson; J. F. Richardson, Green ville; C. D. Short, Sumter. Tennessee —N. J. Tallent, Dayton; F. W. Galbraith, Jefferson City. IS HE THE MURDERER. Man Who Resembles the Man Wanted for The Murder of Two Persons, is Held by Officers. Hartford City, Ind.„ December 4 A man, thought to be mentally unbal anced, believed to be Grover Ford, of Denmark, Va., wanted for the alleged murder of Charles Cash and Miss Lydia Entaminger June 25. 1905, in Virginia, is held here awaiting in struction from that state. He is said to bear a striking resem blance to a photograph of Ford and on the clothing was found the name "G. Ford." Carnegie's Gift to Princeton. Princeton, N. J., December 4. —The formal opening and presentation of the new Princeton Lake is to take place to-morrow and arrangements for the simple ceremonies that will ac company the event have been complet ed. Andrew Carnegie,-the giver of the lake to Princeton University, has ac cepted an invitation to come to Prince ton and deliver the formal presentation speech. The three and one-half miles of ex cavation forming the artificial basin have been filled with water. During the winter the like will be used for skating, hockey, and other ice sporty, and next spring it is expected to give a decided impetus to aquatic sports at Princeton. Agriculture Implement Men. Des Moinse, lowa, December 4. — Scores of live business men from over the State have invaded the capital for the annual convention of the lowa Im plement Dealers' Association. A re ception at the Savery to-night in honor of the members and their ladies inau gurates the proceedings. The regu lar programme of business will be taken up'to-morrow morning and will continue over Thursday. Mutual in surance and mail order competition 1 .are two of the subjects that will re ' ceive attention. Sinners would have a lot more fun if good people would let them alone.j WHY NOT SAVE HIM? Finale of Famous Gillette Case Outstrips all Many Sensational BRYAN ON "IMMORTALITY." Noted Orator Delivers Eulogy Before The Elks of Lincoln. Lincoln, Nebraska, Dec. 4. —William J. Bryan to-day delivered a eulogy at the annual memorial exercises of the Lincoln Lodge, No. 80, of the Benevo lent and Protective Order of Elks, of which he is a member, taking "Im mortality" as his theme. Mr. Bryan said, in part: "Death turns our thoughts toward immortality, for heaven never seems so i real to us as when it becomes the abode of some one whom we have known, and loved; and when these treasures from our hearts are there, we can easily believe that no heart, wormed into glow by the fire of broth erly love, will ever suffer an eternal chill, that uo spirit flame that grows brighter with the years will ever be extinguished never to shine again. "To the young tl*e thought of death nffrtytitn. hut as. reuiirmKr nrnrrffgi along the path that leads from the cradle to the grave, we all become accustomed to the word. We no longer shudder at the thought, we may even come at last to wait for it with im patience. This is God's plan; this is the way in which He weans us from things that are dear to us at first, and prepares us to join in harmony with his Plan. "The great Irish poet catches the sentiment when, after scattering the leaves of the last rose of summer over the bed where its mates of the garden lie, sentenced to death, he exclaimes: " And so may I follow when friend ships decay, And from life's circle the gems drop away; ! When true hearts lie withered, and "nd frv»M r»Tt?s nre flown. Qttt SrtNJ .would inhabit this bleak woiiu axons. - AMERICAN EMBASSY PUZZLED. Question to Be Proposed in House of Commons Causes Surprise. London, Dec. foreign office end the American embassy expressed themselves unable to imagine the reason for the question for which George Stewart Bowles, the Conserva tive, proposes to ask in the House of Commons, whether an arrangement has been made between the United States" and Germany, providing in case Germany becomes engaged in war that the German mercantile marine be taken under the United States flag. The foreign office officials stated they never heard the slightest sug gestion of such idea. POPULACE EXCITED. Great Excitement Over Cabinet Crisis in Madrid —Manifestations Continu ed Throughout Night. Madrid, Dec. 4.—The pofrulace of Madrid are greatly excited pver the cabinet crisis. Anti-clerical manifes tations continued throughout the night. The police were compelled to charge the crowds. Many persons were injured. MEETS IN CITY OF MEXICO. American Public Health Association Meeting Today in Mexican City. City of Mexico. Dec. 4—Delegates from the United States* Canada, Cuba and Mexico were present today at the opening of the thirty-fourth annual con ference of the American Public Health Association. Daily sessions of the con ference will be held until the end of the week. Dr. Frank 3. Robinson, of Brunswick, Me., is the presiding officer. Unusual interest is attached to the present meeting, as world-famous spe cialists art' to discuss the best meas ures to eradicate tropical diseases. Numerous other subjects relating to the public health will be given atten tion. Washington, D. C., December 4. — President Tucker of the Jamestown Exposition Company, said the company would ask Congress for a loan of $1,000,000 to be secured by a mort gage on the gate receipts. HICKORY, N. C.» THURSDAY DECEMBER 6, I 906~ Hot and Sensational Clash Between Prose cution and Defense in Famous Case of Chester Gillette. District Attorney Ward Said Gillette's Plan to Rob Girl of Life was far Less Than his Plans to Steal Virtue. * Herkimer, NJ Y., Dec. 4. —District Attorney Ward resuming his sum ming up of the case against Gillette, lie' ridiculed theTlirgument of State Senator Mills for the defense. "The defense," continued Mr. Ward, "said there was a physician at the Glenmore who had seen Grace Brown's body and that the jury would have the benefit of his attend ance." "Did you? He was here, but not in court. Why? It was just another of the counsel's sly moves." Gillette, Ward said, "wanted to stay in Cortland, in society. He never intended to take Grace Brown anywhere except to her death. "He concocted a plan to rid him self of her, one far less than his first to rob her of her virtue. The girl received her death-blow, I am sure, with a grateful heart, out there in the woods." Shall Negr Serve in Army Representative Slayder of Texas Introduces a Bill Which Favors Exclusion of all Negroes brom Army of U. S. Washington, Dec. 4.—Representa tive Slayden, of Texas, introduced a bill which provides that "on or before the 30th day of June, 1907, all enlisted men of the army yho are negroes, or of negro descent, shall be discharged from the service of the United States and thereafter no negro, or person of negro descent, shall be enlisted or ap pointed in the army of the United 1 States." ' In explainining the bill Slayden said: "It was not introduced for buncombe. My purpose is to give the Congress of the United States the opportunity to purge the army of an admittedly dan gerous element. To say that negroes are brave is not argument against this measure. Many men have been brave, in fact most men are in a mat ter of fighting. The Comanche and Sioux Indians were as brave as men can be. But no one would seriously suggest that we ultimately recruit the regiments from them, put guns in their hands and station them near companies of white troops, toward whom they entertain an fnherent race hostility. "The 25th Infantry is manifestly im bued with the same race hostility and events have shown it to be quite as dangerous as the Sioux or Comanche would he.'* A brunette may be a decided blonde —after she has decided to be a blonde. AND PREBB FUNERAL OF COL. YOUMANS. Attorney General of South Carolina Will Be Buried Tomorrow—A Great Advocate. Columbia, S. C., Dec. 4. —The funeral of Attorney Genreal Leroy Y. You mans will be held tomorrow at noon. The body of the distinguished lawyer is lying in the state library in the cap itol building. Col Youmans was undoubtedly the most eloquent South Carolinian in the last 50 years. He was in many re spects a great lawyer but it was as an advocate that he has no equal in this state and perhaps in the whole South, for he was familiar with the best lit erature and possesed a wonderful mem ory, being able to quote what he had not read for many years. It is char acteristic that when he awoke in the middle of the night, Sunday night, he reached for his volume of Macauley, which he read for a timet - Laying aside the book, he laid his head on his wife's shoulder and fell csleep, as she thought, but as the weight of the head seemed unnatural, she turned and found him dead. FREIGHT TRAIN DERAILED. Sfatesvllle, N. C., Dec. 4. —Mrs. J. J. Nicholson, died early yesterday morn infi at her home in Bethany township at the advanced age of 84 years. Mrs. Nicholson was born at Badger and had lived in Bethany neighborhood all her life. She was a good woman and held in esteem by all who knew her. Her husband and three children, Messrs. S. L. and E B. Nicholson, and Miss Rosabelle Nicholson survive. Mrs. W. L. McLean died last Thurs day at her home near Mooresville, ag ed 52 years. The remains were buried at Mooresville Friday. Mr. Thos. J. Cook died Saturday night at his home on Armfield street after an illness of several months of tuberculosis. His condition had been critical for some time and it was known he could not recover. Mr. Cook was about 36 years old and his wife and one child survive. A freight train was derailed near Barber Junction Saturday night and passenger No. 12 from the west, due here at 8:10, was held in Statesville until after the wreck was cleared— about 2:30 Sunday morning. A pas senger who was waiting at the station for No. 35 from the east sat down in the east-bound train and went to sleep He was not awakened until after the train had started, and in jumping from the platform he fell and suffered a painful scalp wound. To Draft Child-Labor Bill. Birmingham, Ala., December 4.—lf the influence of the Alabama Cotton Spinners' Association is effective -the next session of the Alabama Legisla ture will enact a child labor law sim ilar to that now in force in Georgia, which prohibits the employment of children mills and mines. A special committee of the Association met in Birmingham to-day to draft the proposed measure, which will be submitted to the consid eration of a full meeting of the asso ciation to be held at an early date. The association is also working for the establishment of a bureau of immigra tion to encourage a desirable class of Europeans and Northeners to remove to Alabama. Daughters of the Congederacy. Bryan, Texas, December 4. —Arriv- ing trains today brought scores of dele gates to 'the eleventh annual conven tion of the Texas Division! United Daughters of the Southern Comeder acy, which will be in session here dur ing the next three days. The arrange ments for the entertainment of the gathering are of the most perfect and elaborate character and nothing will be left undone to contribute to the pleasure of the visitors. Mrs. Joseph P. Dibrell of Seguin will preside over the business essions, which will begin to-morrow morning. All indications point to a good attendance. strenuous effort to drown his sorrows by pushing his mother-in-law into the river. liß Greenhboro, N. C., Dec. 4. —The new ly lected county officers took charge yesterday morning. The beard of county commissioners first qualified, there being old members, Messrs. J. A. Davidson, W. C. Tucker and John A. Young, and two new ones. Messrs. Ragsdale and G. H, Walker, who suc ceed C. G. Wright and W. H. Ragan. When the new commissioners were sworn in by Notary Public W. H. Ra gan, the old chairman, they proceeded to ballot for a chairman. On the first ballot W. C. Tucker received two votes, John A. Young two votes and J. A. Davidson one. On the second bal lot J. A. Davidson received three votes to W. C. Tucker's two. Mr. Davidson is a cotton manufacturer and farmer" of Gibsonville, has been a county com missioner for eight years, and will make an admirable chairman. There are oniy two changes in the personnel of the officers at the court house, SherifE J. F. Jordan being suc ceeded by Mr. t>. E. Jones and Clerk John J. Nelson being succeeded by Mr. Ernest Clapp; Rev. A. G. iarkman still holds the pffice of register of deeds, and Mr. J. W. McNairy serves another term as county treasurer. ; Ti.ose officers appeared before the new i board this morning, their bonds were | approved and the oath of office was ad ministered by Mr. W. H. Ragan, as no tary public. v Owiug to the fact that beginning yesterday morning the Cordon act passed at the last legislature putting Guilford officers on salaries instead of fees, went into effect, the court house was a very busy place last Sat urday. Officers and many clerks were diligent to get alk the affairs of the ! present year straightened up, ready for the beginning of the year Monday. Es pecially was this true in the offices of | the clerk and register of deeds, where t hey wanted to get all the dockets reg istration registered. All deeds and ! mortgages in the register's office were recorded by 9 o'clock this morning, so thework of the office started new when the Gordon act went into effect, plac ing the officers on a salary basis, The Gordon act allows Nihe sheriff $2,500 per annum, deputies to have fees for servin papers, and jailer a salary. The clerk of the court and register of deeds each receive $2,250 with an allowance of SI,OOO each for the hire of clerks per annum. The officers do not like this, but it is believed that it will mean a saving of something like $lO,- i 000 to the county, this amount going to the road fund. - ■ The duties of the treasurer will be increased under the Gordon bill, as he will have to keep a record of all the fees collected in the office of the clerk, register and sheriff, as well as to keep the money. The county commissioners are required under the bill to visit the county offices every month and ex amine the books. BOY PUTS FATHER IN CELL. Magistrate Acts on Lad's Plea and Family Has Peace. Wilkesbarre, Pa., Dec. 4. —Owing to the able plea of his 12-year-old son, the family of Thomas Maloney is giving Thanksgiving with happy hearts, for Maloney is in jail and l)is family at peace. The child, Jas. Maloney, called on Alderman Dono hue and asked that his father, who had been drunk and was abusing his wife and children, be to jail and he produced his statement of the case, laboriously written out. It was as follows: "Thomas Maloney is drinking over two* weeks the worce kind of people could bee. Mamma her face swelled out too much to go down please send a constible un to Ashforts quarry. "They have 4 cags of beer up the river day. "He keps his pay and never give a cent to mamma. • "He near killed the baby in her arms Mary Maloney. When we came from work at 8 on Saturday night he was fitting. "He broke the dishes and the door. Mamma don't want to punish him to much. Put him in jail tonight be cause we can't go to bed to 3 or 4 o'clock cause he is out drinking. JAMES MALONEY." It took Donohue less, than a minute to get a constable started after Ma loney, and, having no bail, the man was quickly sent to jail, and his family enjoys peace. Maine Dairymen Meet. Farmington, Maine, Dec. 4. —The State dairy conference, under the aus pices of the Maine Dairymen's Asso ciation and the Department of Agri culture, opens in the Music Hall this evening and judging from the number of visitors and the attractive program arranged the meeting will be one of the most successful of its kind ever held in Maine. Dairy experts from New York and Massachusetts will ad dress the meeting in addition to promi nent members of the association. The sessions will continue until Friday. Buckeye Dentists in Session. Columbus, Ohio, December 4. —The Ohio State Dental Society began its ,4lst annual convention in Columbus to-day, with headquarters at the Great Southern Hotel. Leading dentists throughout the State ar? ta!: ? -~ part in the convention which will be in session three days. i : Increase of Capital. Trenton, N. J., Dec. 4. —The Ameri can Woolen Co. filed papers increas ing its capital stock from $65,000,000 to 1 $75,000,000. THE BEST JO3 PRINTING OF ALL KINDB AT THIS OFFICB. Two of Feudists Hanged Unusual Features Connec-. ted with Crimes for Which Rawlitigs and Moore Were Hanged To-day. Valdosta, Georgia, December 4. J. G. Rawlings, and Alf Moore, negro, were hanged here for the murder of Willie and Carrie Carter, July, 1905. Both stepped on the scaffold without a tremor, stood on the trap together v and fell together. Rawlings in his last statement de clared that he had told the truth and that his sons had no connection with the crime. Moore also declared he had told the truth, insisting that Milton Rawlings fired the fatal shots. Mrs. Rawlings and her two daugh ters visited Rawlings during the morn ing. They remained in the jail but did not witness the execution. Faced Death Calmly v Valdosta, Ga., Dec. 4. —The crime for which J. C. Rawlings and Alf Mcore are under sentence to be hanged today presented unusual fea tures. J. C. Rawlings and W. L. Carter Were neighbors, 12 miles fropi here. Both were Baptist ministers. Several years ago a • dispute arose as to the Una., between the respective farm 3. * A litigation and bad blood resulted. Carter was wounded by a shot from ambush, and had Rawlings arrested on the charge of attempted murder. A few days later a night attack was made on the Carter home. Two of I the children, Willie and Carrie Carter | were shot just outside the house and shots were fired without effect at | Carter and his wife and another daughter. The wounded boy managed to drag himself to the house and inform the parents that Milton and Jessie Row lings had shot him. He died next day. After the shooting of the children, the attacking party attempted to set fire to the house, but were fired upon and driven off without further casualties. The trjal which lasted. two weeks resulted in a verdict of death for elder Rawlings, his son Milton and Jesslfe and Alf Moore. • A third son, Leonard Rawlings, ' was given a life sentence as an ac complice. Every legal expedient was resorted I to, but the verdicts have been sus tained in each instance. DREW ANOTHER'S PENSION. An Unusual Case in Which One Man Draws Pension on Another's Re cord for Years. Boston, Mass., December 4. —The United States grand jury to-day took up tie consideration of one of the most unusjual esses of alleged fraud that has ever worried the Pension officials at Washington. The case is that of John Martin of Marlboro, a ed veteran df the civil war. According to the evidence of witnesses the ac cused has .'defrauded the government out of by setting up as his own record the 'civil War record of John Martin of ifibrid^e^. The accused is feaid to have confess ed 'to the dedeptidn and to have ad mitted he "falsely represented himself as John Martin pf Uxbridge, a member of Company D, 4th Massachusetts Cav alry, Who was Wounded fti the hip and captured by the Confederates at Mag nolia, Florida, and sent to AnderSon ville. - He was pensioned In 18?9 and arrears were paid to him back to the timp he claimed he had been Wounded. The Marlboro John Martin is alleged to have draWn the pension until 1900, when he received a letter from the Uxbridge John Martin, who was then in Scotland, informing him that the writer intended to apply for a pension and requesting hfm to assist in secur ing it. As 'a result of that letter the defendant made a trip to Scotland and then the Uxbridge JoHn-Martin is said to haVe discovered the deception that had been worked on htm arid the government by the use of hfs name. The Martboro John Martin agreed to remit the pension to the Uxbridge Jno. Martin in Scotland and he did this until June when failure to do so led to {he exposure of the alleged fraud and the patter 'being brought to the attention of the Federal "gtfvei'nr ment authorities. Negro Murderer to Hang. Little Rock,' Ark., December 4. — The execution of/Lain "Duckworth, a negro, takes place at the town of Ham burg, this sfefe, to-day. The crime of which lie was convicted was the mur der of Deputy Sheriff Thomas Howie, of Ashley County, January 6, 1905.' Duckworth Vas a tenaint of ''Howie's, and as HSwfe was riding away frotn the farm one day he flfed five shots In to Howie's back. The negro fled to Texas, where he was Captured sever al months later ahd brought back for trial. Four HUftdrgd Litigants in Suit. Mtftoh, 'ordigo'h, ftedeifiber 4. —The case known as the Walla Walla Val ley Irregation suit was called for hear ing here to-day. It is expected that the hearing will occupy four or five weeks and owing to its far-reaching effects 'the decision will be awaited with keen interest. The case Involves every owner of land along the Little Walla Walla and Tum-a-lum rivers, about 400 in all, and If is expected that nearly all the litigants will testify at the hearing.

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